[Updated at bottom of article with video of trial testimony and the judge's dismissal of the case.]

Along with everything else that's been going on over the past week or two in the criminal investigation hand count of the 2006 Pima County (Tucson), AZ, special election (see our detailed special coverage here and here, with a bit of followup coming tonight, by the way. [UPDATE: Here's that late report.]), local election integrity watchdog John Brakey has had a trial of his own to contend with this week, following his arrest last September, while serving as an official observer during a post-election hand-count "audit" of the state's primary election on behalf of both the Democratic and Libertarian Parties.

As The BRAD BLOG reported at the time, Brakey had noticed that a number of ballot bags, selected for the hand-count, had missing or broken security seals on them. When he asked about them, he was promptly arrested on the orders of Pima's "Election Director Gone Wild" Brad Nelson, a Republican and long-time foe of Brakey's.

The case against Brakey, heard in court this afternoon, was dismissed by Judge Luis Castillo after the county presented its evidence on the charges of "trespassing," as we were informed today by Brakey and his attorney Bill Risner, who wouldn't even need to plead their own case to the judge today...

Broward County, FL, has dropped all charges against a local Election Integrity advocate whose arrest, described by an election official and other colleagues at the time as "outrageous," was captured on video tape late last year.

Ellen Brodsky, who had been a non-partisan candidate for Supervisor of Elections in last November's election, was arrested at the apparent behest of the office of the county's current Supervisor of Elections --- Brodsky's Democratic opponent in the race --- Dr. Brenda C. Snipes, while trying to view public, post-election counting and canvassing of ballots.

She was charged, at the time, with "disorderly conduct" and "trespassing," forced to spend the night in jail, and not released until nearly 6:00am the next morning, even though her son had posted the required $25 (twenty-five dollar) bail for her by 8:30pm on the evening of her arrest.

The "disorderly conduct" charges were dropped some time later, following the release of a video tape of the incident as posted by The BRAD BLOG in the days following the arrest. The tape, reposted again at the bottom of this article, revealed that Brodsky's conduct had been anything but disorderly when the county police were summoned by Fred Bellis, a deputy election official from Snipes' office, and Brodsky was thrown into handcuffs and hauled away.

While Brodsky's trial on a "trespassing" charge had been set to start today, a last-minute offer to drop all charges, in exchange for admissions by Brodsky that she would not be disruptive in the future, was sent to her last night from Snipes' attorney.

"There was no way I was gonna agree to such demands," Brodsky told The BRAD BLOG today, following the county's dismissal of the court case. "We offered our own compromise," she said. "We will accept a withdraw of all charges, and will, as I've always done, agree to follow Florida law regarding public meetings." It was an oral agreement.

Her attorney, Tanner Andrews, echoed her sentiment. "We agreed to do what we're already doing. We'll obey the law," he explained during a phone call this afternoon. "I could agree not to rob the bank next Sunday and it'd have the same legal effect," he added...

Despite Overnight Detention in County Jail for 'Disorderly Conduct', as Orchestrated by Broward's Election Chief, a Candidate for That Same Office, Ellen Brodsky, Remains Uncharged a Month Later and Still Seeking Discovery Documents...

It's been more than a full month since the November 13th arrest of Broward County, FL's election integrity advocate Ellen Brodsky and the state has still failed to file formal charges or supply her with discovery documents.

As The BRAD BLOG reported in detail following the arrest, Brodsky was taken into custody, seemingly at the behest of her opponent in the election, after attempting to oversee the public counting of ballots for the election in which she ran as a candidate for Supervisor of Elections.

The arrest for "disorderly conduct" (according to police records) was caught on tape and posted here last week. The tape shows fairly clearly that there was no such disorderly conduct by Brodsky, despite the order for the arrest having apparently been issued by the office of the current Broward Supervisor of Elections, Dr. Brenda Snipes.

Today's South Florida Sun-Sentinel picks up the story with an update noting that Brodsky, a month since her arrest, has been forced to seek a judge's order demanding that prosecutors explain why she was arrested in the first place.

The BRAD BLOG has also obtained a copy of a motion to compel discovery exhibits, which have similarly not been given to her, as filed by Brodksy's attorney earlier this month.

Ellen Brodsky has asked a judge to order prosecutors to explain why she was arrested at the election office warehouse.
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The case is open but no charges have been filed, State Attorney's Office spokesman Ron Ishoy said Tuesday.
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Her lawyer, Tanner Andrews, denies wrongdoing. He wants to know what exactly his client is accused of doing and who made the accusation on Nov. 13.

Last month we reported the story of the arrest of Broward County, FL, election integrity advocate and independent candidate for Supervisor of Elections, Ellen Brodsky. She was handcuffed and arrested, according to the police report, for "disorderly conduct" and "trespass/structure or conveyance" while trying to observe post-election ballot counting and canvassing procedures in the county.

After her arrest, orchestrated by her opponent, Supervisor of Elections Brenda Snipes, Brodsky was held overnight in the county jail until 5:45am the next morning, despite her son having posted bail for her --- a grand total of $25 --- at 8:30pm the night before.

Brodksy has an impressive record of finding serious problems with counting and election procedures in Broward County, which undoubtedly helped foster the animus from her opponent Snipes. Shamefully, as we pointed out in our original coverage, Brodsky is only the latest in a string of EI advocates around the country who have been arrested recently while trying to peacefully carry out public observation of our public elections.

Here now is the video tape of the incident that results in her arrest, as captured on a small flip camera provided by election watchdog organization VideoTheVote.org. The man seen on the phone, at the beginning of the tape, calling the police, is Snipes' deputy Fred Bellis. It's clear that Bellis, in cahoots with Snipes --- again, Snipes was Brodsky's election opponent --- clearly seems to have been choreographing the entire arrest.

As you'll see in the video below, the fact that she was arrested at all, much less for "disorderly conduct," is absolutely incredible and clearly without merit. Our original report offered a great deal of background and context, as well as comments from Brodsky and a number of both EI advocates and a state election official from a different county who have all worked with her. They all, almost uniformly, described the turn of events at the time as "outrageous" and an "abuse of power."

A candidate for Supervisor of Elections in Broward County, FL, was arrested yesterday, following threats and orders from her opponent, the current Broward SOE, Dr. Brenda Snipes.

Ellen H. Brodsky, the county's first non-partisan candidate for SOE, had previously been barred from public counting and oversight on a number of occasions, at the county's official Canvassing Board site and voting machine warehouse in Lauderhill, Florida.

After being taken into custody yesterday afternoon by three uniformed police officers, Brodsky was held overnight at the Broward County Jail even though the $25 --- that's twenty-five dollar --- bail had been posted for her by her son by 8pm last night. She was finally released well after 5am this morning.

Brodsky is a longtime member of a number of election integrity advocacy groups in Florida, including the Broward Election Reform Coalition, which she also founded. Earlier this year, she determined to run against Snipes as a non-partisan candidate.

Brodsky is the latest in a string of election integrity advocates around the country who have been arrested in the course of attempting oversight of our election procedures --- although she is the first, to our knowledge, who also happens to be a candidate on the ballot.

The action has brought condemnation from a number of other election watchdogs and even other election officials in Florida who have characterized the arrest to The BRAD BLOG as an outrage and an abuse of power by Snipes and her office...